Erie County Bar Association Serving the people of Erie for over 135 years

Transcription

1 Erie County Bar Association Serving the people of Erie for over 135 years 302 West 9th Street Erie, PA (814) fax (814) Instruc ons Regarding a Fee Dispute Complaint To all Clients/Pe oners: Offi cers Richard A. Lanzillo, President Melissa H. Shirey, First Vice-President Craig Murphey, Second Vice-President Edwin W. Smith, Past President Valerie H. Kuntz, Treasurer Steven E. George, Secretary Board of Directors Lisa R. Ferrick Tina M. Fryling Erica L. Jenkins John J. Mead Thomas J. Minarcik Michael G. Nelson Eric J. Purchase Christopher J. Sinnott Gary V. Skiba Mark T. Wassell Executive Director Sandra Brydon Smith As a service to the Public and to members of the Erie County Bar Associa on, the Fee Dispute Commi ee will a empt to resolve disagreements over fees, without charge, and without involvement of the court. The Fee Dispute Resolu on process offers two methods to resolve disagreements: media on and arbitra on. Upon filing a Fee Dispute Complaint you will be required to indicate your agreement to par cipate in the media on process, and will be asked to sign an Agreement to Proceed to Media on. The a orney against whom your complaint is made will also be asked to sign the agreement. If the a orney signs the agreement, the fee dispute commi ee will appoint a mediator who will be impar al and act as a facilitator assis ng you and the a orney in nego a ng a se lement. The mediator will not issue a decision or force a compromise. Instead you and the a orney will be encouraged to modify or adjust your posi ons in order to se le the dispute. If a se lement is reached, the purpose of the Fee Dispute Committee process will have been served, and the ma er will be closed. If you and the a orney are unable to resolve the dispute through media on, the mediator will request that you and the a orney agree to submit the dispute to binding arbitra on. If you, or the a orney, do not agree to submit to binding arbitra on, the case will be closed, and the Commi ee will take no further ac on. You would then be free to pursue other remedies as provided by law. Hopefully, upon your mutual agreement to arbitrate, an informal hearing will be held before a panel of three members of the Fee Dispute Commi ee, and you and the a orney will have the opportunity to tes fy and present evidence. At the conclusion of the hearing, the arbitra on panel will render a decision, which will be final and binding on both par es. Please note that the a orney against whom you made this complaint may make a counterclaim against you, regarding any issues related to the ma er for which he or she was retained. A ached are the forms you will need to complete to begin the fee dispute process. If you have any ques ons regarding the forms, or the process, you may contact me as Chairman of the Erie County Bar Associa on Fee Dispute Commi ee. Sincerely, Craig A. Markham, Esquire Fee Dispute Commi ee Chair Or: Sandra Brydon Smith, Execu ve Director Erie County Bar Associa on

2 ERIE COUNTY BAR ASSOCIATION 302 WEST NINTH STREET ERIE, PA / FEE DISPUTE COMPLAINT FORM (Please type or print) : COMPLAINANT: Mr./Mrs. Your Name: Miss/Ms. (Last) (First) (MI) (Age) Address: (Street) (City) (State) (Zip Code) Telephone: Home: ; Work: ATTORNEY COMPLAINED OF: Name: County: (Last) (First) (MI) Office Address: (Street) (City) (State) (Zip Code) Telephone: PRIOR COMPLAINTS CONCERNING THIS MATTER OR THIS ATTORNEY: Have you previously filed a complaint concerning this matter or this attorney with the Erie County Bar Association or its Fee Dispute Committee? G Yes G No If so, please identify the date and nature of your complaint and the action taken by the agency: OVER...

3 PLEASE TYPE OR PRINT STATEMENT OF COMPLAINT: (Note: Attach as many additional pages as necessary to fully set forth all of the relevant facts and circumstances surrounding your complaint. You must include a copy of the Fee Agreement between the attorney and you. If an Agreement was not signed, check here G. You may also include copies of any other relevant information such as bills, letters, etc.) * * * * * * * * * * * * * * * * * Return this completed form to the Erie County Bar Association, 302 West Ninth Street, Erie, PA You will be notified as to whether a fee dispute hearing concerning your case will be scheduled. () (Your Signature)

4 ERIE COUNTY BAR ASSOCIATION (ECBA) FEE DISPUTE COMMITTEE AGREEMENT TO PROCEED TO MEDIATION This Agreement to Proceed to Mediation is entered into by and between: (the Client ) and (the Attorney ). WHEREAS, a Fee Dispute Complaint has been filed by the CLIENT with the committee regarding the fees the ATTORNEY is entitled to receive from the CLIENT, NOW, THEREFORE, CLIENT and ATTORNEY acknowledge that they have received and reviewed the rules of the ECBA Fee Dispute Committee Rules & Procedures. CLIENT and ATTORNEY expressly agree to mediate the dispute by submitting to the fee dispute resolution process, agreeing to meet with an impartial, neutral mediator in an effort to resolve the issues raised in the complaint. CLIENT and ATTORNEY expressly agree that the ECBA, its members, the Mediator, and their respective employees, shall not be liable for any injury or damage caused in whole or in part by any act, any failure to act, or any omission, including any negligent act, any negligent failure to act or any negligent omission, in connection with or arising out of the mediation process. CLIENT and ATTORNEY agree that the Mediation shall be governed by the ECBA Mediation Program, and the guidelines, rules, and procedures of the ECBA Alternate Dispute Resolution Committee, except that fees typically charged are waived. CLIENT and ATTORNEY, intend to be legally bound by this agreement. Client s signature Attorney s signature

5 ERIE COUNTY BAR ASSOCIATION FEE DISPUTE COMMITTEE. AGREEMENT TO SUBMIT TO BINDING ARBITRATION This agreement to submit to binding arbitration is entered into by and between ( the CLIENT ) and (print name) (the ATTORNEY ) (print name) WHEREAS, the CLIENT and the ATTORNEY participated in mediation, and have been unsuccessful in the resolution of a fee dispute complaint filed by the CLIENT. NOW, THEREFORE, CLIENT and ATTORNEY acknowledge that they have received and reviewed the Erie County Bar Association Fee Dispute Procedures. CLIENT and ATTORNEY hereby agree to submit the Dispute to Common Law Arbitration by submitting to the rules of the Erie County Bar Association Fee Dispute Committee and specifically agree that: (A) Following an evidentiary hearing before a three member panel of the Committee, the Award of the Committee shall be final and binding, and shall have the force and effect of a jury verdict. (B) A Judgment may be entered on the Award on application of either party made more than 30 days after the issuance of the Award, in accordance with 42 PA. C. S. Section 7341 (relating to common law arbitration) (C) On such application on the Award in any Court of competent jurisdiction, the Court shall enter an Order confirming the Award, and shall enter a judgment or decree in conformity with the Order under 42 PA. C. S. Section 7342 (b) (relating to confirmation and judgment).) Client s signature Attorney s signature